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HomeMy WebLinkAbout06 - West Coast Highway Landscape ImprovementCITY OF 1 NEWPORT BEACH City Council Staff Report April 8, 2014 Agenda Item No. 6. TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David A. Webb, Public Works Director- (949) 644 -3330, dawebb @newportbeach.gov PREPARED BY: Peter Tauscher, Associate Civil Engineer PHONE: (949) 644 -3316 TITLE: West Coast Highway Landscape Improvement Project— Approval of a Professional Services Agreement with Nuvis Landscape and Planning C -4851 (CAP14 -0017) ABSTRACT: This item is a contract for Landscape Architecture and Engineering design services for the West Coast Highway Landscape Improvement Project. RECOMMENDATION: a) Approve a Professional Services Agreement (PSA) with Nuvis Landscape and Planning of Costa Mesa, CA for West Coast Highway Landscape Improvement Project for Landscape Architecture and Engineering design services at a not -to- exceed price of $412,868.00, and authorize the Mayor and the City Clerk to execute the Agreement; and b) Approve Budget Amendment No. 14BA -040 appropriating $413,000 from the unappropriated General Fund balance to CIP Account No. 7013— C2002071. FUNDING REQUIREMENTS: Upon approval of the budget amendment, sufficient funding for the award of the PSA will be available. The following fund will be expensed: Account Description Account Number Amount General Fund 7013— C2002071 $ 412,868.00 The Fiscal Year 13/14 Capital Improvements Program budget included funding to begin design preparations and concept drawings for this project. Additional funding allows for all design work, preparing construction documents, permitting document, and construction assistance. DISCUSSION: 97 In 2011, the City Council's Ad -Hoc Neighborhood Revitalization Committee (NRC) created a five - member Citizen Advisory Panel (CAP) to guide development of landscape revitalization conceptual plans for Balboa Boulevard, West Coast Highway and Superior Avenue in West Newport. The CAP's first priority (Balboa Boulevard) is now well under construction and scheduled to be completed by June 2014. It's time to move to the West Coast Highway project between the Santa Ana River and Newport Boulevard. To date, conceptual plans have been completed; with emphasis on beautifying the street and significant aesthetic upgrades to the corridor. Several varieties of flowering trees were selected for lining the street and enhancement of the median plantings. Shrubs and groundcover were also selected to complement the flowering trees and invoke a beachside semitropical aesthetic. The conceptual plans have been reviewed by Caltrans and have general support from Caltrans management (with the exception of large trees in the median) as this portion of West Coast Highway is within Caltrans jurisdiction. The CAP approved concept also calls for creating an entry gateway that includes landscape upgrades, architectural features, and geometric improvements along West Coast Highway from the Santa Ana River to Newport Boulevard. While the project limits are generally within the street right -of -way, some work along /within private property and West Newport Park is expected. As part of the Fiscal Year 2013 -2014 Capital Improvement Program budget, City Council approved funds to prepare construction documents for the West Coast Highway project. Landscape improvement construction documents will be prepared to reflect the CAP's approved conceptual drawings. The consultant's scope of work includes assessing and addressing the existing landscape and irrigation facilities, developing the construction documents to provide all landscape, hardscape, irrigation, architectural and civil features and details; meeting with and obtaining necessary Caltrans design approval and permits; preparing any necessary easement documents; preparing construction specifications, and cost estimate; coordinating and incorporating design features from other projects and other necessary infrastructure within the project limits. Staff invited 13 firms to submit proposals for this project. Seven proposals were received and reviewed by staff. After this review, Nuvis was determined to be the most qualified firm and best fit to develop the final construction documents and process /permit the plans through Caltrans for this project. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (Landscape Architectural and Engineering services are not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: .; Description Attachment A - Location Mao Attachment B - Professional Services Agreement with Nuvis .. a NTS I EGEND \ CONSTRUCTION LIMITS R NITS I EGEND k\\ cory LlTSnory SljNSETRDGE O0� OC SOP—ER O °O WEST COAST HIGHWAY h'oq (3 HOSPITg4 LANDSCAPE IMPROVEMENT PROJECT LOCATION MAP COVES c U O, CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 4/8/14 100 ATTACHMENT B PROFESSIONAL SERVICES AGREEMENT WITH NUVIS FOR WEST COAST HIGHWAY LANDSCAPE IMPROVEMENT PROJECT THIS PROFESSIONAL SERVICES AGREEMENT ( "Agreement') is made and entered into as of this 8th day of April, 2014 ( "Effective Date "), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ( "City "), and NUVIS, a California corporation ( "Consultant'), whose address is 3151 Airway Avenue, Suite J3, Costa Mesa, CA 92626, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City desires to engage Consultant to provide professional services for the West Coast Highway Landscape Improvement ( "Project'). C. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the professional services described in this Agreement. D. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the Effective Date, and shall terminate on February 28, 2017, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ( "Services" or "Work'). City may elect to delete certain Services within the Scope of Services at its sole discretion. 3. TIME OF PERFORMANCE 3.1 Time is of the essence in the performance of Services under this Agreement and Consultant shall perform the Services in accordance with the schedule included in Exhibit A. In the absence of a specific schedule, the Services shall be performed to completion in a diligent and timely manner. The failure by Consultant to 101 strictly adhere to the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely manner may result in termination of this Agreement by City. 3.2 Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the Services to be provided for the Project, each party hereby agrees to provide notice within two (2) calendar days of the occurrence causing the delay to the other party so that all delays can be addressed. 3.3 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator as defined herein not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The. Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.4 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by hand - delivery or mail. 4. COMPENSATION TO CONSULTANT 4.1 City shall pay Consultant for the Services on a time and expense not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Four Hundred Twelve Thousand Eight Hundred Sixty Eight Dollars and 00/100 ($412,868.00), without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.2 Consultant shall submit monthly invoices to City describing the Work performed the preceding month. Consultant's bills shall include the name of the person who performed the Work, a brief description of the Services performed and /or the specific task in the Scope of Services to which it relates,.the date the Services were performed, the number of hours spent on all Work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) calendar days after approval of the monthly invoice by City staff. 4.3 City shall reimburse Consultant only for those costs or expenses specifically identified in Exhibit B to this Agreement or specifically approved in writing in advance by City. 4.4 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any Work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Nuvis Page 2 102 Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. 5. PROJECT MANAGER 5.1 Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated Perry Cardoza to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. 5.2 Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of Services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 5.3 If Consultant is performing inspection services for City, the Project Manager and any other assigned staff shall be equipped with a cellular phone to communicate with City staff. The Project Manager's cellular phone number shall be provided to City. 6. ADMINISTRATION This Agreement will be administered by the Public Works. City's Public Works Director or designee shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES To assist Consultant in the execution of its responsibilities under this Agreement, City agrees to provide access to and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's Work schedule. 8. STANDARD OF CARE 8.1 All of the Services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the Services required by this Agreement, and that it will perform all Services in a manner commensurate with the highest professional standards. For purposes of this Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized by one (1) or more first - class firms performing similar work under similar circumstances. Nuvis Page 3 103 8.2 All Services shall be performed by qualified and experienced personnel who are not employed by City. By delivery of completed Work, Consultant certifies that the Work conforms to the requirements of this Agreement, all applicable federal, state and local laws, and the highest professional standard. 8.3 Consultant represents and warrants to City that it has shall obtain, and shall keep in full force and effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.4 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's Work promptly, or delay or faulty performance by City, contractors, or governmental agencies, 9. HOLD HARMLESS 9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers and employees (collectively, the "Indemnified Parties), from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which may arise under this Agreement or in any manner relate (directly or indirectly) to the negligence, recklessness, or willful misconduct of the Consultant or its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable, or any or all of them. 9.2 Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence, active negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant 'is not an agent or employee of City. The manner and means of conducting the Work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. No Nuvis Page 4 104 civil service status or other right of employment shall accrue to Consultant or its employees. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the Work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance of the Work or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the Services. 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the Services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint- venture or syndicate or co- tenancy, which shall result in changing the control of Consultant. Control means fifty percent (50 %) or more of the voting Nuvis Page 5 105 power or twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint - venture. 16. SUBCONTRACTING The subcontractors authorized by City, if any, to perform Work on this Project are identified in Exhibit A. Consultant shall be fully responsible to City for all acts and omissions of any subcontractor. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 17. OWNERSHIP OF DOCUMENTS 17.1 Each and every report, draft, map, record, plan, document and other writing produced, including but not limited to, websites, blogs, social media accounts and applications (hereinafter "Documents "), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Additionally, all material posted in cyberspace by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents, including all logins and password information to City upon prior written request. 17.2 Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant, and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. 17.3 CADD data delivered to City shall include the professional stamp of the engineer or architect in charge of or responsible for the Work. City agrees that Consultant shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by City, or anyone authorized by City, of CADD data; Nuvis Page 6 106 (b) the decline of accuracy or readability of CADD data due to inappropriate storage conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD data for additions to this Project, for the completion of this Project by others, or for any other Project, excepting only such use as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to indemnify Consultant for damages and liability resulting from the modification or misuse of such CADD data. All original drawings shall be submitted to City in the version of AutoCAD used by the City in .dwg file format, on a CD, and should comply with the City's digital submission requirements for improvement plans available from the City's Public Works Department. The City will provide Consultant with City title sheets as AutoCAD file(s) in .dwg file format. All written documents shall be transmitted to City in formats compatible with Microsoft Office and /or viewable with Adobe Acrobat. 17.4 All improvement and /or construction plans shall be prepared with indelible waterproof ink or electrostatically plotted on standard twenty -four inch (24 ") by thirty -six inch (36 ") Mylar with a minimum thickness of three (3) mils. Consultant shall provide to City 'As- Built' drawings and a copy of digital Computer Aided Design and Drafting ( "CADD ") and Tagged Image File Format (.tiff) files of all final sheets within ninety (90) days after finalization of the Project. For more detailed requirements, a copy of the City of Newport Beach Standard Design Requirements is available from the City's Public Works Department, 18. OPINION OF COST Any opinion of the construction cost prepared by consultant represents the consultant's judgment as a design professional and is supplied for the general guidance of City. Since consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, consultant does not guarantee the accuracy of such opinions as compared to consultant or contractor bids or actual cost to City. 19. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the Services in this Agreement, shall be kept confidential unless City expressly authorizes in writing the release of information. 20. INTELLECTUAL PROPERTY INDEMNITY Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement or alleged infringement of any United States' letters patent, trademark, or copyright, including costs, contained in Consultant's Documents provided under this Agreement. 21. RECORDS Consultant shall keep records and invoices in connection with the Services to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any Services, Nuvis Page 7 107 expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall allow inspection of all Work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 22. WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue Work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 23. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the Work accomplished by Consultant, the additional design, construction and/or restoration expense shall be borne by Consultant. Nothing in this Section is intended to limit City's rights under the law or any other sections of this Agreement. 24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 25. CONFLICTS OF INTEREST 25.1 Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 25.2 If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. Nuvis Page 8 0: 26. NOTICES 26.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first - class mail, addressed as hereinafter provided. 26.2 All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Peter Tauscher, Associate Civil Engineer Public Works City of Newport Beach 100 Civic Center Drive PO Box 1768 Newport Beach, CA 92658 26.3 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attn: Perry Cardoza Nuvis 3151 Airway Ave, Suite J3 Costa Mesa, CA 92626 27. CLAIMS Unless a shorter time is specified elsewhere in this Agreement, before making its final request for payment under this Agreement, Consultant shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. Consultant's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Agreement except those previously made in writing and identified by Consultant in writing as unsettled at the time of its final request for payment. Consultant and City expressly agree that in addition to any claims filing requirements set forth in the Agreement, Consultant shall be required to file any claim Consultant may have against City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 28. TERMINATION 28.1 In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure Nuvis Page 9 109 such default, and thereafter diligently take steps to cure the default, the non - defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 28.2 Notwithstanding the above provisions, City shall have the right, at its sole and absolute discretion and without cause, of terminating this Agreement at any time by giving no less than seven (7) calendar days' prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for Services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 29. STANDARD PROVISIONS 29.1 Recitals. City and Consultant acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement. 29.2 Compliance with all Laws. Consultant shall, at its own cost and expense, comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 29.3 Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 29.4 Integrated Contract, This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 29.5 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 29.6 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 29.7 Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. Nuvis Page 10 110 29.8 Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 29.9 Controlling Law and Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 29.10 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, age or any other impermissible basis under law. 29.11 No Attorneys' Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorneys' fees. 29.12 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. [SIGNATURES ON NEXT PAGE] Nuvis Page 11 111 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 3-2-5-14 By: ujalu -A Ll Aaron C arp City Attorney ATTEST: CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Rush N. Hill II Mayor CONSULTANT: Nuvis, a California corporation Date: By: By: Leilani I. Brown Perry Cardoza City Clerk Executive Vice President Date: By: Leslee Temple President/Chief Financial Officer [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements Nuvis Page 12 112 EXHIBIT A SCOPE OF SERVICES Nuvis Page A -1 113 SCOPE OF WORK Team NUVIS proposes the following professional scope of services for the project management, reconnaissance /data research, presentations, PS &E, and professional services during bid and construction for the development of West Coast Highway Landscape Improvement Project. Our methodology is based upon our basis of project understanding provided previously in the submittal. PROJECT MANAGEMENT AND COORDINATION NUVIS approaches projects through practical analysis of the unique conditions associated with the particular location and program criterion. Design solutions are then tailored to the specific situation to ensure maximum effectiveness. Our project management process is predicated upon: • understanding, articulating and resolving specific project issues; • establishing and following a well- defined design statement; • innovative, creative analysis and alternative idea generation; and • intensive design team collaboration. This task includes coordination and interface including, but not limited to, meetings, telephone conversations, memos, faxes, voice mail, and email with community stakeholders, applicable governmental agencies' departments, and project design team. Initially, the meetings will establish the guidelines and specific criteria to direct the team's efforts. Thereafter, these meetings will provide a continuum to receive information, clarify input, inform staff of progress and direction, generate information and allow the Client the opportunity to review and comment on draft concepts and recommendations. These concerns, needs or alterations are addressed expeditiously, thereby keeping the progress of the work at a maximum. In our fee proposal, NUVIS has allowed for the following Client Meetings: one (1) PreDesign Meeting, Design Schedule with Milestone Meeting, and fifteen (15) one (1) hour Client /Design Team Meetings. SITE RECONNAISSANCE AND DATA RESEARCH /REVIEW This phase centers on information gathering and program definition. A portion of this task is to perform appropriate functions such as project research through a literature search and personal interviewing with regard to applicable regulations, attitudes and general planning /development concerns. These accumulated materials along with verbal resource communication from various sources enrich the design process. We understand that there is a wide array of documentation available for Team NUVIS to review, including but not limited to: a. Caltrans & Newport Beach roadway as -built Plans b. Newport Beach, tract & parcel maps and County AP maps for ROW data c. Site reconnaissance & photographs 40 114 The NUVIS team shall conduct a pre- design tour with sketchbook and digital camera to familiarize ourselves with existing conditions and potential effect on the design solution. The tour will include the Client's Project Manager and appropriate subconsultants and inter departmental representatives. Team NUVIS shall verify that site conditions match the as -built plans, confirm new median, parkway and sign feature locations and configurations and perform a cursory review of ADA, drainage, utility and right of way issues. Additional reconnaissance may include: visually identifying: adjacent land uses, landform /topography, soil characteristics, existing flora /fauna, drainage patterns, existing infrastructure, pertinent visual characteristics, environmental conditions, site influences, and view potential /orientation and visual impact (internal and external views); and evaluating: climate conditions, impact of pedestrian, , bicycle, and vehicular circulation patterns, physical opportunities and constraints, maintenance needs, and interrelationship with current trails, recreation facilities, streets /corridors, businesses, and /or other neighborhoods. FIELD SURVEYS, TOPOGRAPHIC MAPPING AND RIGHT OF WAY ANALYSIS VA Consulting will be responsible for field survey topographic mapping of the three (3) areas where new medians, parkway areas and sign features will be constructed for a total length of approximately 4000'. Exclusions: - Compilation of utility data at the areas subject to new medians, parkways and iTionument signs construction. - Preliminary Title Reports in the areas subject to ROW modifications and Easements During their Review Data & Develop Design Details phase, VA will verify that the site conditions match the as -built plans; confirm new median, parkway and sign feature locations and configurations including cursory review of ADA, drainage, utility and right of way issues. A meeting with Caltrans is recommended to confirm their requirements regarding the implementation of the improvements as described in the DVD Concept Study. This would include Caltrans' decisions regarding the removal /relocation of the existing Concrete Barrier and crash cushion east of the Santa Ana River Bridge, its replacement with a landscaped median and the location and configuration of the GSF. Criteria for the Caltrans Encroachment Permit for construction would be reviewed and confirmed. Survey control will be established for the site and cross sections of WCH at 25' intervals will be surveyed for the three site areas with new construction. This will involve a length along WCH of approx. 4,000'. Approximately 200' of south sidewalks will also be surveyed where width & planting modifications are proposed. These data will be used to generate topographic base mapping for the subsequent design work and construction drawings. Right of way documentation will be prepared for up to four right of way modifications /easements. Legal descriptions and plats will be prepared along with agency required forms which will be prepared for up to four right of way modifications /easements using the agency provided formats for these documents. Note that for this work, it is assumed that CNB will provide the Preliminary Title Reports. 41 115 Caltrans PA &ED Phase: This Project Approval & Environmental Documents phase will involve coordination with Caltrans to prepare those documents necessary for their review and approval of the improvement concepts for the considered segment of WCH. It is expected that Caltrans will require the completion of a PSR -PR for their review and approval purposes including, if required, geometric approval exhibits, traffic analysis, fact sheets (design exception reports) and right of way requirement documents. (Note that required environmental analysis and documentation associated with this phase of the project will be done by Chambers Group.) COMMUNITY AND AGENCY PRESENTATIONS Designs should respond to and reflect the Communities' specific needs and desires The key to achieving desired results is to maximize involvement as early in the process as possible. Interested and affected parties want to present input and have a `voice' before decisions are made by others. Involvement by all interested parties is encouraged throughout the design process, with each phase of the process responding to and building upon the input received. Occasionally ideas presented cannot be incorporated into the design due to program conflicts, budgetary issues, and /or right -of -way or jurisdictional concerns. Through early collaboration, voices can be heard and responded to without simply being dismissed. NUVIS' role at presentations /workshops will be to. assist the City in merging ideas and developing pertinent issues into feasible and agreed upon solutions. The goals of each session differ as the process evolves, but the following would be used as general guidelines: • listen and learn, • seek out the "experts" in specialized areas, • explore the concerns of interested parties, • ask questions • discover possible problems (social, physical, economic) and facilitate solutions, • assist in mitigating conflicts between interest groups, • give recommendations and information, and • receive information. Integral to the preferred design style of the NUVIS team is serving as facilitator and participant in project oriented meetings, allowing each discipline the opportunity to have direct input with regard to their distinctive areas from the onset and during the design process. This integration of work products addresses concerns in an open session with affected disciplines present, producing and creating a functional and aesthetic design solution that can be refined during design development by individual members. Our ultimate goal is to provide "customer- driven" design which meets the needs of the individual user. Toward that end, NUVIS will work with Client to build philosophical consensus on the project. NUVIS has allowed for three (3) presentations to City Council, Caltrans, Community Groups, and /or Regulatory Agencies as requested by the City. Pictorial exhibits of the refined concept plan will be prepared for presentation at the meetings. az 116 PICTORIAL EXHIBITS /REFINED CONCEPT PLAN Team NUVIS understands that a concept plan has been prepared for the project site; however it has not yet been approved by Caltrans. Team NUVIS will collaborate with the City to review the concept plan and further refine and delineating the concept plan. A strategy meeting will be held with Client project staff /personnel to review input and establish direction. The plan would graphically illustrate the various land use elements and detail the landscape treatment including, but not limited to: • physical opportunities and limitations; • impact on pedestrian and vehicular circulation patterns; • visual and physical security measures; • compliance with local, state and federal regulations • integration of proposed elements to immediate surroundings; thematic concepts for site amenities; and • long term ease of maintenance. NUVIS refines the plan further within this phase with inclusion of more detailed sketches and the initial building of the landscape architecture construction documents in AufoCAD. The plans at this siage may include: • species, location, and container size with an appropriate number of related conceptual landscape installation details; • horoscope and paving plans developed at an appropriate scale and include material selection as to type, color, and texture (for proposed horizontal and vertical elements) with an appropriate number of related conceptual landscape construction details. The refined conceptual drawing will be prepared as presentation quality, color renderings at an appropriate scale for viewing from a comfortable distance, accompanied by reduced versions of the drawings. CONSTRUCTION DRAWINGS /DOCUMENTS The first step in the preparation of construction documents involves consolidating explicit information into an accurate "base sheet." It is our recommendation to submit this "base sheet through the review process. We have found that approval of the base sheet at this stage has prevented major design alterations once construction documents are under way. Preparation of construction documents formulates the projected elements into one (1) set of working drawings sheets at agreed upon size and scale and specifications book conforming to the District standard construction methods, the Standard Specification for Public Works Construction and applicable County, State, and Federal regulations and codes (i.e., CPSC, ADAAG and DOI), They may include but not limited to: • title sheet /vicinity map; • referenced standard drawings; • utility notifications; • earthwork /grading delineating contours and significant spot elevations defining the vertical alignment, accompanied by cut /fill calculations; • drainage plans showing area drains, catch basins, and connections to the underground 43 117 storm drain system; • general site construction /layout plan depicting horizontal alignment utilizing the grid /coordinate and stationing systems and detail references; • civil plans, profiles, cross sections and details • irrigation plans which illustrate pipe sizes, heads, valves, clock locations and points of connection; • planting plans which illustrate size, location, and species; • electrical plans depicting panel schedule, single line diagrams, and load calculations; • appropriate notes and development details (with structural calculations); and • technical specifications (based on the Green Book - Standard Specifications for Public Works Construction). NUVIS will submit the PS &E to City of Newport Beach, Caltrans and regulatory agencies as required for plan check and review at the 75 %, 90 %, and 100% completions phase for review and comment. Refinements and necessary corrections will be made as required The final documents will be submitted with a statement of probable construction costs relative to the bid item quantities for formal plan check by the City and applicable governing agencies. Prior to Notice of Bid, one -set of reproducible documents, electronic files, and specifications books will be submitted. BID PHASE AND CONSTRUCTION SERVICES NUVIS is available for interpretation of plans and specifications; submitting information for addenda, reviewing bid proposals and assisting with the awarding of the construction contract. Performance of field observation during construction establishes standards of acceptability. Duties may include, but not limited to: • attendance at pre- construction conference; • respond to questions and interpret plans and specifications; • assisting in determining and processing change orders; • attendance at periodic site visits as mutually agreed with the Client; • review of shop drawings, samples and other submissions; • field selection of plant material; participation in preliminary and final checklist preparation; • compilation and delivery of 'as- built' documents as supplied by the Contractor. Periodic visits to projects at intervals appropriate to construction for clarification of the installed design intent. ASSUM PTIONS /EXCLUSIONS Geotechnical services are not included. WCH is assumed to be aligned in on east -west direction. An Agricultural Suitability Test and Report will be conducted by a third party laboratory to determine soils analysis and recommended supplication. as 118 Up to two right of way adjustments /easements will be necessary. VA will prepare the documentation. Appraisals, negotiations and processing of approval & /or recording, to the extent necessary, will be done by others. Water Quality Management Plan & SWPPP are not required. Traffic Engineering is not required. Traffic Control necessary during construction will be done by the contractor in accordance with the WATCH Manual. PERMITS AND ENVIRONMENTAL DOCUMENTATION SCOPING WITH COASTAL COMMISSION AND COASTAL DEVELOPMENT PERMIT Based on the project description provided to Chambers Group and information from the project meetings, Chambers Group will coordinate with the CCC on behalf of the City. The City does not have a certified LCP and the project will require a coastal development permit (CDP) to be reviewed and approved by the CCC. The permit application must be accompanied by an application or filing fee, to be provided by the County, based on the total project cost, project type, and /or project area; this fee will be determined by Chambers Group during the application preparation period. The key to successful permitting is early coordination with the CCC. Pre - application coordination with the CCC will occur early in the process to introduce the project and identify if there are any specific resources or issues of concern to the CCC within the project area. Based on the information provided in the RFP, the project site does not appear to cross any waters. Chambers Group will prepare the CDP application form and required appendices with the information identified as required on the CDP form (including Tasks 3 -5 below), but assumes NUVIS and /or the City will provide information such as the project information to prepare the project description (including construction methods and equipment), assessor's parcel numbers for surrounding land owners, names of neighboring property owners and occupants, and wet signatures on the CDP in a timely manner. Chambers Group will provide an electronic copy of the draft CDP for review by the City and will incorporate one round of comments into a final CDP for submittal to the CCC. The CDP for submittal will be provided within two weeks of receiving complete project description information. This project assumes no attendance at a Coastal Commission hearing will be required. The coordination with the agencies after permit application submittal is assumed to include requests for additional information that is readily available at the time of the request and would not require substantial modification to the existing project description, which would require preparation of a new permit application, and would not require new additional work, such as biological surveys or jurisdictional delineations. Although permits from other regulatory agencies (e.g., Section 404 permit from U.S. Army Corps of Engineers, Section 1602 Stream Alteration Agreement from California Department of Fish and Wildlife) are assumed as not applicable to this project because preliminary project designs indicate no waters of the United States or State are crossed. If the project description changes and this assumption changes, additional hours may be required and would be provided under a separate scope of work and cost estimate. CALIFORNIA ENVIRONMENTAL QUALITY ACT CATEGORICAL EXEMPTION Based on the information in the RFP, it is assumed that the proposed project would be categorically exempt under Categorical Exemption, Sections 15303 (New Construction or Conversion of Small Structures) and 15304 (Minor Alterations to Land). CEQA Guidelines Section 15303 exempts projects from environmental review consisting of the construction and location of 4s 119 limited numbers of new, small facilities or structures. Construction of a gateway structure on West Coast Highway would be considered a small structure and, therefore, should qualify for an exemption pursuant to CEQA Guidelines Section 15303. CEQA Guidelines Section 15304 exempts projects from environmental review consisting of minor public or private alterations in the condition of land, water, and /or vegetation which do not involve the removal of healthy, mature, and scenic trees except for forestry or agricultural purposes. Introduction of landscaping features along West Coast Highway would be considered a minor public alteration and, therefore, would qualify for an exemption pursuant to CEQA Guidelines Section 15304. Chambers Group will prepare the supporting statements and required forms for the City to file the Notice of Exemption. Based on the kick -oft meeting and subsequent meetings with the City regarding the project description (Task 1), as well as a brief review of any supporting information /documentation of the project substantiating exemption, Chambers Group will prepare the Notice of Exemption form. Chambers Group will provide a finding of the project's basis for exemption with a statement of reasons supporting the finding and provide applicable law or state Guidelines citations, as necessary. Chambers Group will provide the City an electronic copy of the draft Categorical Exemption within one week of receiving complete project description information and will incorporate comments into the final categorical exemption for filing. Chambers Group assumes the City will file the Notice of Exemption and the City will pay the filing fee. This task does not include a Categorical Exclusion per NEPA and is assumed, if appropriate, the Categorical Exclusion would be prepared by Caitrans. This task also assumes either a ND, MIND, or Environmental Impact Report does not apply. BIOLOGICAL RESOURCES RECONNAISSANCE SURVEY AND RESULTS To respond to questions within the CDP, this task assumes one biologist will conduct a reconnaissance level survey that confirms the project footprint is within existing disturbed or developed areas. This scope of work assumes this project does not require any focused /protocol level surveys or a formal jurisdictional /wetland delineation. The results of this survey will be included in the supporting information section of the CDP in addition to the Natural Environment Study (NES) Minimal Impact (MI) document. Chambers Group will prepare a NES(MI) in accordance with Caltrans format requirements and guidelines using the most recent template available on the Caltrons Standard Environmental Reference website. It is anticipated that this NES will result in a "Minimal Impact (MI)" determination. A NES (MI) is applicable to projects with few issues or requiring a minimal amount of compensatory mitigation if the effects can be completely analyzed and mitigation properly justified in a few pages. According to the guidelines, the typical length of a NES (MI) should not exceed 5 -7 pages. Chambers Group will provide a Draft NES Report to NUVIS and the City for review. Chambers Group will incorporate one round of comments on the Draft NES Report into a Final Report. Based on the habitat assessment, Chambers Group will provide a detailed description of the existing vegetation types, including a vegetation map and associated wildlife resources on the project site. This NES (MI) will summarize the potential project impacts and will provide a discussion of project design and mitigation recommendations to minimize and avoid these impacts. If it is determined that a NES (MI) should require the detail of a full NES or would exceed the page limit suggested for a NES (MI) by more than 5 pages, Chambers Group will inform and coordinate with NUVIS to determine if a full NES would be necessary. This scope of work and cost estimate does not include a level of effort for a full NES. The level of effort required for a full NES would be dependent upon the biological resources in the project area identified during the biological resources survey and habitat assessment. If a full NES is necessary, Chambers Group will provide a separate scope of work and cost proposal. If significant impacts to biological resources in the NES are identified due to Project related activities, mitigation measures may be developed to 4s 120 avoid, minimize, or mitigate for potential impacts. Chambers Group will provide a list of mitigation measures, if required, to NUVIS and/or. the City for review and incorporate a complete set of comments into the NES (MI) in an electronic format. CULTURAL AND PALEONTOLOGICAL RESOURCES RECORD SEARCH To respond to questions within the CDP, this task assumes one archaeologist will conduct a record search of the project site at the South Central Coast Information Center (SCCIC), located at the California State University, Fullerton, which houses records of the California Historical Resources Information System (CHRIS) for the project area. Chambers Group will request a CHRIS cultural resource records search for the project upon receiving a notice to proceed. The records search will include a 0.5 -mile radius around the project area and will be conducted by a staff archaeologist. Fees for the record search have been estimated for four hours and are included in the estimated cost. The cultural resource literature review will identify prehistoric or historic archaeological sites or historic buildings and structures previously recorded within and around the project area. Chambers Group will also review the National Register of Historical. Places (NRHP) and Archaeological Determinations of Eligibility as well as numerous historic maps for the presence of possible historic structures or archaeological site locations. The records will be reviewed to identify cultural resources within the project area and surrounding area; identify and determine the adequacy of previous cultural resources studies in the project area; develop management recommendations for cultural resources within or adjacent to the project area; and assess what additional cultural resources studies will need to be undertaken for the proposed project. Chambers Group will also request that the Native American Heritage Commission (NAHC) conduct a search of its Sacred Lands File to determine if cultural resources important to Native Americans have been recorded in the project area. The NAHC will provide a list of Native American contacts for the project that may have knowledge of cultural resources near the project area. Chambers Group will prepare and mail a letter to each of the NAHC- listed contacts, requesting information related to any Native American cultural resources within or immediately adjacent to the project area. In addition, to respond to questions within the CDP, Chambers Group will conduct a paleontological record search and literature review separately for previously conducted paleontological surveys and previous fossil finds (if any) within the project site. Fees for the record search have been estimated for four hours and are included in the estimated cost. Chambers Group will provide one draft and one final copy of the summary of the findings of the cultural resources record search and literature review in a one page memo report. This task does not include a field survey for historic, cultural or paleontological resources. CULTURAL RESOURCES COORDINATION Upon receiving the notice to proceed, it is expected that coordination with Caltrans personnel regarding finalization of project components and the establishment of the project's Area of Potential Effect (APE) will need to take place. The APE will be depicted on a map for Caltrans review and approval. Assumptions • Cost and schedule are based on our best judgment of the requirements known at the time of the proposal and can be influenced favorably or adversely by the client's needs and other circumstances. Chambers Group will endeavor to perform the services and accomplish the objectives within the costs and schedule; however, if the scope of work or schedule changes, Chambers Group reserves the right to revise our costs accordingly. 47 121 This scope of work does not include the preparation of any encroachment permit applications for project construction. The following Caltrans- specific technical studies or analyses may be required by Caltrans for this project, but are not available through Chambers Group in -house capabilities, and are not included in this proposal or as optional tasks: Noise Study Report, Noise Abatement Decision Report, Noise Technical Memorandum, Air Quality Report, Air Quality Technical Memorandum, Traffic Study, Traffic Technical Memorandum, Phase I Initial Site Assessment, Phase 2 Preliminary Site Assessment for Hazardous Materials /Hazardous Waste, Water Quality Assessment Report, Water Quality Technical Memorandum, Location Hydraulic Study, Floodplain Evaluation Report, Summary Floodplain Encroachment Report, Visual Resource Technical Memorandum, Minor Visual Impact Assessment, Moderate Visual Impact Assessment, and Advance /Complex Visual Impact Assessment. Chambers Group assumes that, by receipt of notice to proceed, full access to the property will be provided by NUVIS or the City, including keys to locked gates and advance notice to existing property tenants of our right of entry. Should Chambers Group staff be denied access to the property at the time prearranged for the field surveys, the additional costs incurred by Chambers Group will be billed separately to NUVIS on a time - and - materials basis. NUVIS or the City will provide Chambers Group with copies of all available known documentation relating to the physical or other conditions concerning the project site within five working days after authorization to proceed. It is assumed that Chambers Group can use and rely on the data and information contained in those documents. Chambers Group will not perform a technical review of these documents and will not be responsible for the content or accuracy of these studies. GIS data will be submitted in one of the following formats: All ESRI, AutoCAD compatible; AutoCAD (.dwg or .dxf); or Microstation (.dgh). Acceptable image formats include: TIT, JPG (J -Peg), SID (Mr. Sid), and ECW. If NUVIS cannot export data to one of these formats when providing background materials and it is necessary for Chambers Group to translate the file into a different format, the additional time will be billed on a time - and - materials basis. Chambers Group cannot be responsible for project commitments not included in this scope of work that are made without Chambers Group's concurrence. OPTIONAL TASKS Task OT -l: Negative Declaration /Mitigated Negative Declaration and Environmental Assessment Chambers Group would prepare an Initial Study checklist to focus the environmental document on the potentially significant effects, in accordance with CEQA Guidelines. The IS will be structured in the format of the Environmental Checklist Form suggested in Appendix G of the CEQA Guidelines. Then, if there is no substantial evidence that the Project may cause a significant effect, a Negative Declaration (ND) will be prepared. After preparation of the Initial Study, if any significant impacts are identified or mitigation measures are developed to avoid or mitigate these impacts, a Mitigated Negative Declaration (MND) would be prepared. Based on the assumption that this project does not qualify as a Categorical Exemption under CEQA, a MND likely would be required. Preparation of the MND may require additional negotiations with concerned agencies and /or individuals or organizations. This proposal assumes that all potentially significant impacts identified will be mitigable. This proposal assumes that an Environmental Impact Report (EIR) level document would not be required. Chambers Group is 48 122 available to assist with preparation of notices, mailing letters for public review, publishing a notice in local newspaper, public meetings, and response to comments. Actual costs will be dependent on the issue area or areas identified as potentially significant, the specific requirements for the project (e.g., mailings, comments), and whether a Joint NEPA /CEQA document is required. Task OT -2: Focused Surveys for Sensitive Biological Resources Based on the results of the reconnaissance biological resources survey, if suitable habitat exists for any sensitive species, the habitat will be delineated and mapped. Chambers Group will work with NUVIS to develop a strategy to minimize the need for focused surveys for any of the species listed. At this time, it is not possible to forecast the level of effort required for focused surveys, or if any will be necessary. Task OT -3: Encroachment Permit for Cultural Resources Studies Calfrans may request from Chambers Group that an encroachment permit application be filed for a Code SV Encroachment Permit, which is specific to land, archeological, traffic counts, research project, accident reconstruction, and literature distribution activities. This encroachment permit is a contract between Caltrans and the encroachment permit holder (Chambers Group, on behalf of the project), that describes the terms and conditions under which you are granted permissive authority to enter onto the State right -df -way to perform the activity. Chambers Group will apply for an encroachment permit if cultural resources survey activities are required by Caltrans for the project. Encroachment permit costs may include the actual time that is expended by Calfrans in the process of reviewing the proposed improvement or activity, processing and issuance of the permit, field work performed by Caltrans and the actual time that will expended in the inspection of the proposed activity. The Standard Hourly Rate that is charged for encroachment permits is currently $82.00 an hour. The permit type Chambers Group would apply for, if required, requires a minimum 6 hours deposit. Task OT -4: Cultural Resources and Paleontological Resources Survey Chambers Group understands that this project may require a systematic cultural resources field survey of the project's Area of Potential Effect (APE), described here as the proposed Caltrans Right -of -Way and in some areas along or within private property. The cultural resources survey will be conducted in accordance with Caltrans guidelines. Chambers Group archaeologists will visually examine the project area for the presence of: s Prehistoric artifacts (e.g., flaked stone tools), • Tool- making debris, stone milling tools, • Historic artifacts (e.g., metal, glass, ceramics), • Sediment discoloration that might indicate the presence of a cultural midden, and • Depressions and other features indicative of the former presence of structures or buildings (e.g., post holes, foundations). All cultural resources encountered during the survey will be mapped using a Trimble Geographic Positioning System (GPS) unit and recorded on State of California Department of Parks and Recreation (DPR) 523 forms. Survey methodology, identification, and recordation will follow State Historic Preservation Office (SHPO) guidelines. If is assumed that no cultural resources will be identified during the Cultural Resources Survey. If 49 123 resources are identified, a change order may be needed. In the case that a paleontological resources survey is needed for this project, the paleontological field survey crew using the results of the records search and literature review will conduct an extensive pedestrian survey of the project's Area of Potential Effect (APE) inspecting the underlying geology exposed at the surface and at depth in borrow areas, drainages, natural outcrops, and road cuts for previously unrecorded paleontological resources and to assess the potential for areas within the project APE to yield paleontological resources during construction. It is assumed that no cultural resources will be identified during the Cultural Resources Survey. If resources are identified, a change order may be needed. If unrecorded paleontological resources are found, the paleontologist will evaluate the find(s). If the find (s) are in danger of being destroyed, with permission of the lead agency, the specimen or specimens will be documented and removed. Task OT -5: Paleontological Identification Report (PIR) Preparation If needed, a final Paleontological Identification Report (PIR) will be prepared according to Caltrans guidelines, and will describe the results of the records search and literature reviews, methods used, results of the field survey. The report will also contain an overview of the geology and paleontology of the region. It is assumed that no paleontological resources will be identified during the project duration. If resources are identified during the project, a change order may be necessary for this task. The report is then subject to review by Caltrans. It is assumed that no more than one set of comments from Caltrans that will require incorporation into the final draft of the report will be received. Task OT -6: Archaeological Survey Report (ASR) Preparation If needed, an Archaeological Survey Report (ASR) will be prepared according to Caltrans and California State Historic Preservation Office (SHPO) guidelines, and will describe the prehistoric and historic background of the region, the results of the records search and literature review, methods used, and results of the field survey. It is assumed that no archaeological resources will be identified during the project duration. If resources are identified during the project, a separate scope of work and cost estimate may be necessary for this task. The report is then subject to review by Caltrans. It is assumed that no more than one set of comments from Caltrans that will require incorporation into the final draft of the report will be received. Task OT -7: Historic Properties Survey Report (HPSR) Preparation If needed, using the information gained from the records search and field survey results, a qualified architectural historian will prepare a Historic Properties Survey Report (HPSR). The HPSR will be prepared according to Caltrans' guidelines and will describe the results of records search, methods used, and results of the site survey. The report will also contain a summary of the built environment setting and historic background of the project area. It is assumed that no historic resources will be identified during the project duration. If resources are identified during the project, a change order may be necessary for this task. The report is then subject to review by Caltrans. It is assumed that no more than one set of comments from Caltrans that will require incorporation into the final draft of the report will be received. 50 124 Task OT -8: Construction Monitoring Monitoring for biological and /or cultural resources may be required during construction activities and are not included in this proposal; however, Chambers Group is available to provide a separate scope of work for these services if needed. Costs for biological monitors will be based on whether species specific permits are required from resource agencies. COST SAVINGS I DEAS /TASKS Minimize alternatives Low -water use, drought tolerant, native species plant material which will adapt well to the location and climate. Opportunities to incorporate bioswales and permeable ground cover and pavers to reduce and capture water run -off. Integrate vandal- resistant site materials including luminaries, benches, trash receptacles etc. Where possible hold the existing geometrics and civil improvements (curbs, gutters & sidewalks); simplify the proposed landscape and gateway sign improvements; avoid right of way adjustments. Design integration of existing facilities (esp. roadway lighting) for maximized savings. Suggesting irrigation products that contribute to the needs of maintenance Specifying low flow products as approved by Caltrans and City of Newport Beach that would mean smaller Point of Connection equipment such as the water meters and smaller mainlines. Investigation of recycled water availability. Locating irrigation equipment in a location is less likely to be vandalized but still easily accessible to maintenance. Separating irrigation zones based on plant water use so that planting areas do not receive too little or too much water. Accurate as- builts Preparing a CE will be less costly than other types of environmental documentation and will reduce the overall project cost. 51 125 EXHIBIT B SCHEDULE OF BILLING RATES Nuvis Page B -1 126 West Coast . • Improvement Description Team NUVIS Fee Schedule PreDesi n Meetin $1,300 $660 CL $8071 $2,767 Design Schedule with Milestones $3,005 $12,000 $690 $15,695 Client Meetings 15 each @ 1 hr in length) $8,520 $2,520 $880 $1,340 $3,793 $17,053 Pictorial Exhibits $5,180 $2,400 $7,580 Presentations to City Council, Caltrans, Community Groups, Regulatory Agencies as required $16,040 $2,000 $18,040 Field Review of Existing Facilities $1,800 $2,940 $2,640 $880 $8,260 Survey $25,800 $560 $26,360 Data ReviewNerify Caltrans As- Builts $5,010 $5001 $2,560 $8,070 Construction Drawings-75% Design Review $31,690 $20,630 $9,000 $2,3051 $1,8201 $65,445 Construction Drawings-90% Design Review $24,370 $5,780 $1,1601 $31,310 Construction Drawings-100% Design Review $12,550 $4,960 $1,750 $550 $19,810 Construction Drawings-Final $3,570 $4,200 $1,785 $330 $9,885 Permits Caltrans, County, State, etc $9,430 $50,620 $60,050 Scoping with Costal Commissicnand Coastal Development Permit $9,250 $9,250 California Environmental Quality ActCatagorical Exemption $2,675 $2,675 Natural Environment Stud Minimal Impact $16,000 $16,000 Cultural and Paleontological Resources Record Search $5,450 $5,450 Cultural Resources Coordination $2,000 $2,000 Coordination of Construction Document Review $4,900 $2,920 $550 $8,370 Specifications & Engineer Estimate $2,130 $4,570 $4,620 $11,320 Addenda to Specifications and Drawings $2,130 $3,600 $275 $6,005 Construction Assistance Site Visits $7,240 $5,820 $1,680 $1,280 $1,090 $17,110 Record Drawings $4,110 $4,110 $0 Design Team /Governmental Agency Coordination $9,420 $9,420 Contract Management $25,000 $25,000 Direct Project Expense Allowance $2,000 $693 $3,140 $5,833 Total Cost $179,395 $128,753 $42,840 $14,150 $4,615 $43,115 TOTAL PROFESSIONAL FEE PROPOSAL $412,868 TEAM NUVIS NUVIS: Landscape Architecture, Prime Consultant VA Consulting: Civil Engineering, Survey, Permits Brookwater: Irrigation Design CD Design Group: Electrical Engineering Correia Consulting & Design: Structural Engineering Chambers Group: Environmental Documentations, Permits 127 EXHIBIT C INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES 1. Provision of Insurance. Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. Consultant agrees to provide insurance in accordance with requirements set forth here. If Consultant uses existing coverage to comply and that coverage does not meet these requirements, Consultant agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Consultant shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers. B. General Liability Insurance. Consultant shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, one million dollars ($1,000,000) general aggregate. The policy shall cover liability arising from premises, operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract) with no endorsement or modification limiting the scope of coverage for liability assumed under a contract. C. Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented Nuvis Page C -1 128 vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit each accident. D. Professional Liability (Errors & Omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the Effective Date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the Services required by this Agreement. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subroqation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers from each of its subconsultants. B. Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, if required, but not including professional liability, shall provide or be endorsed to provide that City and its officers, officials, employees, and agents shall be included as insureds under such policies. C. Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self - insurance maintained by City. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days notice of cancellation (except for nonpayment for which ten (10) calendar days notice is required) or nonrenewal of coverage for each required coverage. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Nuvis Page C -2 129 Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. .B. City's Right to Revise Requirements. City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Consultant sixty (60) calendar days advance written notice of such change. If such change results in substantial additional cost to Consultant, City and Consultant may renegotiate Consultant's compensation. C. Enforcement of Agreement Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non - compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. D. Requirements not Limiting, Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. E. Self- insured Retentions. Any self- insured retentions must be declared to and approved by City. City reserves the right to require that self- insured retentions be eliminated, lowered, or replaced by a deductible. Self - insurance will not be considered to comply with these requirements unless approved by City. F. City Remedies for Non - Compliance. If Consultant or any subconsultant fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Agreement, or to suspend Consultant's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Consultant or reimbursed by Consultant upon demand. G. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. H. Consultant's Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. Nuvis Page C -3 130 ATTACHMENT C City of Newport Beach BUDGET AMENDMENT 2013 -14 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates X Increase Expenditure Appropriations Transfer Budget Appropriations SOURCE: from existing budget appropriations from additional estimated revenues PX from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: NO. BA- 14BA -040 AMOUNT: $413,000.00 Increase in Budgetary Fund Balance X Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance To increase expenditure appropriations from General Fund unappropriated fund balance for a Professional Services Agreement with Nuvis Landscape and Planning for Landscape Architecture and Engineering design services on the West Coast Highway Landscape Improvement Project ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Amount Fund Account Description Debit Credit 010 3605 General Fund - Fund Balance $413,000.00 REVENUE ESTIMATES (3601) Fund /Division Account EXPENDITURE APPROPRIATIONS (3603) Description Description Division Number 7013 Street Account Number C2002071 West Coast Highway Landscape Signed: Signed: C-4� <11 AdministratlY)e Approval: City Manager Signed: City Council Approval: City Clerk $413,000.00 Date gl?� m Date Date 131